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ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what
ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot...
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when the supremes get down to assessing doma, we can expect the conservatives to defend doma and the liberals to strike it down. the comp significance of the majority will be determined by the votes of chief justice roberts who has shown he's willing to leave the conservatives if he feels the court's legacy is in peril and kenne kennedy. he wrote the constitution prohibits laws singling out a certain class of citizens for disfavored legal status. it appears doma will get tossed in the dust bin of history. the courts other gay rights case comes from california which gave gays the right to marry and then with proposition 8 took it away. taking away an existing right because of animus was prohibited by the court in a '96 decision authored by justice kennedy. but where the doma case asks can the federal government discriminate against married couple, the prop 8 case asks can states bar gays from marrying. kennedy
when the supremes get down to assessing doma, we can expect the conservatives to defend doma and the liberals to strike it down. the comp significance of the majority will be determined by the votes of chief justice roberts who has shown he's willing to leave the conservatives if he feels the court's legacy is in peril and kenne kennedy. he wrote the constitution prohibits laws singling out a certain class of citizens for disfavored legal status. it appears doma will get tossed in the dust bin...
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it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's interesting that there are these conflicts. and this happens on not a lot of issues. and what's the latest with you on -- your name is so difficult to say but anna hita, what's your take on the pot issue? >> my take is that i would urge washington pot smokers not to rush out and pull out the cheetoes quite yet. because under federal law it is illegal to possess, to sell, to smoke pot. we know that federal law trumps state law. so i think not only will the federal -- the feds have an obligation to get in there and ensure that their laws are upheld. >> laura: their laws are on the books. whether immigration, their
it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's...
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>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the other case is much more complicated. the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the case says there's this definition passed by a ballot initiative that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says the
>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads...
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so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of an equal protection question. the request he is will the court be ahead of where the public is or behind the public. this is a question that eventually sooner or later, probably sooner, the public will come around to recognize and already is showing by the polls that marriage equality should be considered a fundamental constitutional right. >> professor peterson, to julian's point, despite its rulings on the president's health care law, on immigration, this court maintains a conservative tilt. is this necessarily good news for supporters of same-sex ma
so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of...
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is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way. saying it violated the rights of
is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way....
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the first seeks to strike down the federal government's defense of marriage act, known as doma. the second involves a challenge to california's proposition 8, a voter-approved ballot initiative that outlawed same-sex marriage. a federal appeals court struck down the law earlier this year. the court's decision to weigh in on marriage equality came as same-sex couples began marrying in washington state yesterday. on election day voters there and in maryland and in maine made history when they became the first states to approve same-sex marriage at the ballot box. joining us now to discuss is steve, chair of the gay and lesbian victory fund. great to have you. >> nice to be here, alex. s. >> so a lot of tea leaf read and arm chair prognostication around this. i am by no means a supreme court expert, but when i saw that they were taking up both doma and prop 8, question as to whether they would take up inform i them at all, it seemed to me a signal that the court was ready to make a big decision, and i just cannot imagine, especially when you have conservatives like john roberts, wh
the first seeks to strike down the federal government's defense of marriage act, known as doma. the second involves a challenge to california's proposition 8, a voter-approved ballot initiative that outlawed same-sex marriage. a federal appeals court struck down the law earlier this year. the court's decision to weigh in on marriage equality came as same-sex couples began marrying in washington state yesterday. on election day voters there and in maryland and in maine made history when they...
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so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
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is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
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the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than our cnn legal analyst, jeffrey toobin. how big a dl is this? put it in perspective. >> this is a major event in american history, not just court history because same sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from approximately 20% to 30% support in the '90s, now gallup polls showed 53%, exit polls showed 49%. it now appears to command close to a majority support and now the supreme court may decide that same s
the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than...
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the high court agreed to hear two important cases, prop 8 out of california and doma out of new york. a federal court recently overturned prop 8 after the measure passed by voters. the court will decide if doma violates the fifth amendment of equal protection under the law that applies to same-section couples legally married in other states. >>> today is a very happy day for same-section couples in washington state. it is the first day they can marry under the new law, legalizing gay marriage. couples began lining up for licenses early thursday morning. some courthouses opened up at midnight for the ceremonies to take place. several local judges also donated their time to marry the couples. ceremonies are expected all day today. >>> last week, washington state became the latest state to legalize marijuana and now businesses there are jumping on the opportunity to create more revenue for themselves and the state. fox has the details. >> reporter: the sign is an invitation to come inside frankie's sports bar and light up a joint. in between pool shots, that's just what herald caldwell d
the high court agreed to hear two important cases, prop 8 out of california and doma out of new york. a federal court recently overturned prop 8 after the measure passed by voters. the court will decide if doma violates the fifth amendment of equal protection under the law that applies to same-section couples legally married in other states. >>> today is a very happy day for same-section couples in washington state. it is the first day they can marry under the new law, legalizing gay...
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recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the most powerful justice is likely to determine the outcome. this is like the guessing game as to what is kennedy going to do. because he had obviously the things everybody talks about two really favorable gay rights rulings then he has other legal views that might conflict with this. do we have his cell phone number? could i give him a call? >> sure. >> stephanie: what you thinking about? what you doing? why are you so distant? you know what i started hoping over the weekend that all of the justices have a gay something. relative friends somebody they really
recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the...
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cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announ
cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in...
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the 21 million americans hoping for health care and "the new york times" frank bruney weighs in on doma and cage for marriage equality when "now" starts in just three minutes. n't my daughs black bean soup spectacular? [ man thinking ] oh, this gas. those antacids aren't working. oh no, not that, not here! [ male announcer ] antacids don't relieve gas. gas-x is designed to relieve gas. gas-x. the gas xperts. gas-x is designed to relieve gas. when you lost the thing you can't believe you lost.. when what you just bought, just broke. or when you have a little trouble a long way from home... as an american express cardmember you can expect some help. but what you might not expect, is you can get all this with a prepaid card. spends like cash. feels like membership. ♪ but the fire is so delightful ♪ nothing melts away the cold like a hot, delicious bowl of chicken noodle soup from campbell's. ♪ let it snow, let it snow when you take a closer look... ...at the best schools in the world... ...you see they all have something very interesting in common. they have teachers... ...with a dee
the 21 million americans hoping for health care and "the new york times" frank bruney weighs in on doma and cage for marriage equality when "now" starts in just three minutes. n't my daughs black bean soup spectacular? [ man thinking ] oh, this gas. those antacids aren't working. oh no, not that, not here! [ male announcer ] antacids don't relieve gas. gas-x is designed to relieve gas. gas-x. the gas xperts. gas-x is designed to relieve gas. when you lost the thing you can't...
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in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage act was signed by president clinton in 1996, and it's a law that says the federal government, all as pecks of the federal government, including the internal revenue service will not recognize same-sex marriages even many states where same-sex marriage is legal and two appeals courts have held that that is unconstitutional, that it is unlawful discrimination. the obama administration agrees that this law is unconstitutional. it's now being defended by a lawyer hired by the house of representatives, and the case about is the defense of marriage act constitutional, that is one. there are several different c
in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage...
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there is a possibility justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder into authorized facilities on the site. they have safely stored more than 1 million pounds. that is enough to fill 27 18-wheelers. >> wow. nine bodies have been recovered from three crushed, burned out cars in a highway tunnel 50 miles west of tokyo. officials still don't know what caused a 200 foot section of eight inch thick concrete to cave in over the weekend. take a look at these incredible pictures. and they're not saying whether there might be more victims in the rubble. >>> malala yousafzai, that pakistani girl who was shot in the head by the taliban is saying thank you to all of her new friends all o
there is a possibility justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder...